The physicians last month asked auditor general Sheila Fraser for an investigation of the agreement, which was signed July 31, 2008 but she turned them down. Fraser said in a letter to the group that the government's decision to agree to the settlement was a policy decision. "Under the legislation that governs our work, we do not evaluate the merits of government policies," Fraser said.

Cynthia Callard, executive director of Smoke-Free Canada, said that the "wall of secrecy" that surrounds the agreement must be penetrated.